Case: Lawyers' Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity

1:17-cv-01354 | U.S. District Court for the District of Columbia

Filed Date: July 10, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 10, 2017, the Lawyers’ Committee for Civil Rights Under Law (LCCRUL), filed this lawsuit in the U.S. District Court for the District of Columbia. LCCRUL sued the Presidential Advisory Commission on Election Integrity (Commission) and other agents of the executive branch under the Federal Advisory Commission Act (FACA), the Mandamus and Venue Act, and the Administrative Procedure Act (APA). LCCRUL, represented by its own counsel, sought declaratory and injunctive relief. The case was ass…

On July 10, 2017, the Lawyers’ Committee for Civil Rights Under Law (LCCRUL), filed this lawsuit in the U.S. District Court for the District of Columbia. LCCRUL sued the Presidential Advisory Commission on Election Integrity (Commission) and other agents of the executive branch under the Federal Advisory Commission Act (FACA), the Mandamus and Venue Act, and the Administrative Procedure Act (APA). LCCRUL, represented by its own counsel, sought declaratory and injunctive relief. The case was assigned to Judge Colleen Kollar-Kotelly.

LCCRUL claimed that the Commission was being used to advance private agendas. According to LCCRUL, the Commission was born out of President Trump’s unfounded claim that there were three to five million illegal votes cast in the 2016 Presidential Election. As such, LCCRUL alleged that the Committee was in violation of FACA, which imposed strict transparency requirements when any part of the executive branch seeks the advice or recommendation of a group that includes non-federal officials.

On the same day the complaint was filed, LCCRUL moved for a temporary restraining order (TRO), asking the court to :

1. order the defendants to produce records of the Commission's responses to LCCRUL's request prior to the Commission’s July 19, 2017 scheduled meeting,

2. require the Commission to open the July 19 meeting to in-person public attendance and participation, and

3. enjoin the Commission from holding the July 19 meeting until it met its records and public access obligations under FACA.

On July 18, 2017, the court denied this motion without prejudice, reasoning that the case was not likely to succeed on the merits and that the defendants’ prior disclosure was sufficient for the public and LCCRUL to engage in an informed debate regarding the activities of the Commission. LCCRUL appealed this denial to the U.S. Court of Appeals for the D.C. Circuit. On December 20, 2017, the D.C. Circuit dismissed the appeal, having received a consent motion for voluntary dismissal from LCCRUL.

According to the plaintiff, the defendants failed to honor commitments to the court to produce relevant records prior to the July 19 meeting. In response, on July 21, 2017, LCCRUL moved for a status conference and for limited expedited discovery. On August 30, 2017, this motion was granted in part and denied in part. Specifically, the court required the Commission to submit declarations detailing the actions taken to identify documents for collection and potential disclosure. Additionally, the court asked the parties to file a joint status report and stayed the defendants’ obligation to answer the complaint.

On October 13, 2017, LCCRUL filed a motion to compel compliance with the above order, arguing that many records were improperly lumped together and that they were incomplete.

On January 3, 2018, President Trump disbanded the commission. On June 28, 2018, the court denied without prejudice LCCRUL’s motion to compel compliance and for limited discovery, finding that the plaintiff was not entitled to the disclosure of any documents associated with a then-defunct commission. 2018 WL 3213297.

On August 29, the defendant moved to dismiss the case because the commission had been disbanded. Then, on September 7, the plaintiffs also moved to voluntarily dismiss the case without prejudice. Their motion noted that they had substantially received what they sought in their complaint:

1. The defendants formally apologized for the failure to release the documents,

2. The defendants had released the documents to the public by former Commissioner Matthew Dunlap. They can be found here.

3. The documents released demonstrate disturbing plans of the Commission to lay the groundwork for voter suppression efforts, based on fraudulent claims of voter fraud.

4. The defendants had formally disbanded the commission.

Judge Kollar-Kotelly then ordered the case dismissed without prejudice. This case is now closed.

Summary Authors

Jake Parker (7/19/2018)

Anna Brito (10/24/2018)

Related Cases

ACLU v. Trump, District of Columbia (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6087598/parties/lawyers-committee-for-civil-rights-under-law-v-presidential-advisory/


Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorneys(s) for Plaintiff

Clarke, Kristen M. (District of Columbia)

Freedman, John A. (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Hutchinson, Kathryn W. (California)

Jacobson, Daniel F. (District of Columbia)

Johnson-Blanco, Marcia (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Rosenberg, Ezra David (New Jersey)

Rubel, Eric A. (District of Columbia)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorneys(s) for Plaintiff

Clarke, Kristen M. (District of Columbia)

Freedman, John A. (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Hutchinson, Kathryn W. (California)

Jacobson, Daniel F. (District of Columbia)

Johnson-Blanco, Marcia (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Rosenberg, Ezra David (New Jersey)

Rubel, Eric A. (District of Columbia)

Weiner, David J. (District of Columbia)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Federighi, Carol (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Wolfe, Kristina Ann (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-01354

Docket [PACER]

Sept. 7, 2018

Sept. 7, 2018

Docket
17

1:17-cv-01354

Memorandum Opinion

July 18, 2017

July 18, 2017

Order/Opinion
1

1:17-cv-01354

Complaint

Jan. 26, 2018

Jan. 26, 2018

Complaint
43

1:17-cv-01354

Memorandum Opinion and Order

316 F.Supp.3d 230, 2018 WL 3213297

June 28, 2018

June 28, 2018

Order/Opinion
46

1:17-cv-01354

Notice of Voluntary Dismissal and [Proposed] Order

Sept. 7, 2018

Sept. 7, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6087598/lawyers-committee-for-civil-rights-under-law-v-presidential-advisory/

Last updated May 31, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY ( Filing fee $ 400, receipt number 4616085882) filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zrdj) (Entered: 07/10/2017)

1 Exhibit

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2 Civil Cover Sheet

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July 10, 2017

July 10, 2017

RECAP
2

NOTICE OF RELATED CASE by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. Case related to Case No. 17-1320, 17-1351. (zrdj) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

SUMMONS (12) Issued as to EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. Attorney and U.S. Attorney General (zrdj)

July 10, 2017

July 10, 2017

PACER
3

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(zrdj) (Entered: 07/10/2017)

1 Memorandum in Support

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2 Text of Proposed Order

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July 10, 2017

July 10, 2017

PACER
4

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (zrdj) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
5

ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 07/10/2017. (DM) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
6

NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
7

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
8

NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

NOTICE of Hearing: Telephone Conference on the record set for 7/11/2017 at 8:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)

July 10, 2017

July 10, 2017

PACER

MINUTE ORDER: The Court has received Plaintiff's 3 Motion for a Temporary Restraining Order and Preliminary Injunction. The parties shall adhere to the following expedited briefing schedule. Defendants shall file their opposition by July 13, 2017 at 5:00 P.M. Plaintiff shall file its reply by July 14, 2016 at 5:00 P.M. The parties briefing should address the availability of judicial review of Plaintiffs claims pursuant to the Federal Advisory Committee Act, including pursuant to the Administrative Procedure Act, and by way of mandamus jurisdiction. The parties have agreed to the consideration of the motion for temporary restraining order and motion for preliminary injunction in a single proceeding. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk1)

July 11, 2017

July 11, 2017

PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 7/11/2017. Defendants shall file opposition to 3 by 7/13/2017. Plaintiff shall file Reply to 3 by 7/14/2017. (Court Reporter Richard Ehrlich.) (dot)

July 11, 2017

July 11, 2017

PACER
9

NOTICE of Appearance by John Arak Freedman on behalf of All Plaintiffs (Freedman, John) (Main Document 9 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
10

NOTICE of Appearance by David J. Weiner on behalf of All Plaintiffs (Weiner, David) (Main Document 10 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
11

NOTICE of Appearance by Robert Stanton Jones on behalf of All Plaintiffs (Jones, Robert) (Main Document 11 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
12

NOTICE of Appearance by Ezra David Rosenberg on behalf of All Plaintiffs (Rosenberg, Ezra) (Main Document 12 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
13

NOTICE of Appearance by Kristina Ann Wolfe on behalf of All Defendants (Wolfe, Kristina) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
14

NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Main Document 14 replaced on 7/14/2017) (znmw). (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
15

RESPONSE re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration Kossack Decl.)(Borson, Joseph) (Entered: 07/13/2017)

1 Declaration Kossack Decl.

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July 13, 2017

July 13, 2017

PACER
16

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
17

MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/18/2017. (lcckk1) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

RECAP
18

ORDER. Plaintiff's 3 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on 7/17/2017. (lcckk1) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

RECAP
19

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 18 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 17 Memorandum & Opinion by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. Filing fee $ 505, receipt number 0090-5036541. Fee Status: Fee Paid. Parties have been notified. (Freedman, John) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

RECAP
20

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 19 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER

USCA Case Number 17-5167 for 19 Notice of Appeal to DC Circuit Court, filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (zrdj)

July 21, 2017

July 21, 2017

PACER
21

MOTION Status Conference, Limited Discovery, and Other Relief by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Freedman, John). Added MOTION for Hearing, MOTION for Discovery on 7/24/2017 (znmw). (Entered: 07/21/2017)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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July 21, 2017

July 21, 2017

RECAP

MINUTE ORDER: The Court has received Plaintiff's 21 Motion for a Status Conference, For Limited Expedited Discovery, and For Appropriate Relief. The parties shall abide by the following briefing schedule. Defendants shall file their response by JULY 31, 2017. Plaintiff shall file its reply by AUGUST 4, 2017. Signed by Judge Colleen Kollar-Kotelly on 7/24/2017. (lcckk1)

July 24, 2017

July 24, 2017

PACER

Set/Reset Deadlines: Defendant shall file Response to 21 by 7/31/2017. Plaintiff shall file its Reply by 8/4/2017. (dot)

July 24, 2017

July 24, 2017

PACER
22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/11/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 9/9/2017.) (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Freedman, John) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
23

RESPONSE re 21 MOTION Status Conference, Limited Discovery, and Other Relief MOTION for Hearing MOTION for Discovery filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration Second Decl. Andrew J. Kossack, # 2 Text of Proposed Order)(Borson, Joseph) (Entered: 07/31/2017)

1 Declaration Second Decl. Andrew J. Kossack

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2 Text of Proposed Order

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July 31, 2017

July 31, 2017

RECAP
24

REPLY to opposition to motion re 21 MOTION Status Conference, Limited Discovery, and Other Relief MOTION for Hearing MOTION for Discovery filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Freedman, John) (Entered: 08/04/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Aug. 4, 2017

Aug. 4, 2017

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25

ORDER. A hearing on the pending motion shall be held on Wednesday, August 30, 2017 at 10:00 A.M. Signed by Judge Colleen Kollar-Kotelly on 8/18/2017. (lcckk1) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

RECAP

Set/Reset Hearings: Motion Hearing set for 8/30/2017 at 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)

Aug. 18, 2017

Aug. 18, 2017

PACER

Set/Reset Deadlines: By 8/242017, Plaintiff shall submit a proposed discovery plan; Defendants reply to the proposed discovery plan due by 8/28/2017. (kt)

Aug. 21, 2017

Aug. 21, 2017

PACER
26

NOTICE of Plaintiff's Discovery Plan by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Freedman, John) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

RECAP
27

RESPONSE re 26 Notice (Other) Opposition to Plaintiff's Proposed Discovery Plan filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) Modified event title on 8/29/2017 (znmw). (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

RECAP
28

ORDER. The 21 Motion is GRANTED-IN-PART and DENIED-IN-PART. By September 5, 2017, at 5 P.M. EST, the parties shall file a Joint Status Report. For the time being, Defendants' obligation to answer or otherwise respond to the complaint is STAYED. Signed by Judge Colleen Kollar-Kotelly on 8/30/2017. (lcckk1) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

RECAP

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Status Conference held on 8/30/2017. Joint Status Report due by 9/5/2017. Vaughn Index due by 9/26/2017. (Court Reporter Richard Ehrlich.) (dot)

Aug. 30, 2017

Aug. 30, 2017

PACER
29

TRANSCRIPT OF STATUS HEARING before Judge Colleen Kollar-Kotelly held on August 30, 2017; Page Numbers: 1 - 47. Date of Issuance:August 31, 2017. Court Reporter/Transcriber Richard D. Ehrlich, Telephone number 202-354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/21/2017. Redacted Transcript Deadline set for 10/1/2017. Release of Transcript Restriction set for 11/29/2017.(Ehrlich, Richard) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
30

Joint STATUS REPORT by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

RECAP
31

NOTICE of Appearance by Daniel F. Jacobson on behalf of All Plaintiffs (Jacobson, Daniel) (Main Document 31 replaced on 9/21/2017) (znmw). (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

MINUTE ORDER: The parties shall file a Joint Status Report by 4 P.M. EST on SEPTEMBER 25, 2017, updating the Court regarding the progress of the substantive meet and confer process that the parties were instructed to engage in by the Court's August 30, 2017 28 Order. Signed by Judge Colleen Kollar-Kotelly on 9/20/2017. (lcckk1)

Sept. 20, 2017

Sept. 20, 2017

PACER

Set/Reset Deadlines: Joint Status Report by 4 P.M. EST on 9/25/2017. (dot)

Sept. 20, 2017

Sept. 20, 2017

PACER
32

Joint STATUS REPORT by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

RECAP

MINUTE ORDER: The Court has received and reviewed the parties' most recent 32 Joint Status Report updating the Court regarding the substantive meet and confer process ordered by the Court for purposes of preparing a Vaughn-style index in this matter. The Court shares many of Plaintiff's concerns regarding Defendants' positions on the index, but shall not rule on these until after the index has been submitted to the Court on September 29, 2017. Nonetheless, the Court shall bear these concerns in mind as it reviews the index and provides further guidance on how this matter shall proceed. Signed by Judge Colleen Kollar-Kotelly on 9/27/2017. (lcckk1)

Sept. 27, 2017

Sept. 27, 2017

PACER
33

NOTICE of Filing by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY re 28 Order on Motion for Miscellaneous Relief, (Attachments: # 1 Exhibit 1: Third Kossack Declaration, # 2 Exhibit 2: Fourth Kossack Declaration, # 3 Exhibit 3: Document Index)(Federighi, Carol) (Entered: 09/29/2017)

1 Exhibit 1: Third Kossack Declaration

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2 Exhibit 2: Fourth Kossack Declaration

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3 Exhibit 3: Document Index

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Sept. 29, 2017

Sept. 29, 2017

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34

STATUS REPORT by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

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35

MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Freedman, John) (Entered: 10/13/2017)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Text of Proposed Order

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Oct. 13, 2017

Oct. 13, 2017

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MINUTE ORDER: The Court has received Plaintiff's 35 Motion to Compel Compliance with the Court's August 30, 2017 Order and for Additional Appropriate Relief. The parties shall abide by the following briefing schedule. Defendants' opposition shall be due by OCTOBER 27, 2017. Plaintiff's reply shall be due by NOVEMBER 3, 2017. Signed by Judge Colleen Kollar-Kotelly on 10/16/2017. (lcckk1)

Oct. 16, 2017

Oct. 16, 2017

PACER

Set/Reset Deadlines: Defendants' Response to 35 due by 10/27/2017. Plaintiff's Reply to 35 due by 11/3/2017. (dot)

Oct. 16, 2017

Oct. 16, 2017

PACER
36

Memorandum in opposition to re 35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 10/27/2017)

1 Text of Proposed Order

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Oct. 27, 2017

Oct. 27, 2017

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37

REPLY to opposition to motion re 35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

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38

MANDATE of USCA as to 19 Notice of Appeal to DC Circuit Court, filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW ; USCA Case Number 17-5167. (Attachments: # 1 USCA Order)(td) (Entered: 12/26/2017)

Dec. 20, 2017

Dec. 20, 2017

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39

NOTICE of Executive Order by OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Exhibit Executive Order)(Borson, Joseph) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
40

RESPONSE re 39 NOTICE of Executive Order filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) Modified to add link on 1/12/2018 (znmw). (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

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SUPPLEMENTAL MEMORANDUM to re 35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 01/26/2018)

1 Text of Proposed Order

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Jan. 26, 2018

Jan. 26, 2018

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42

RESPONSE re 41 Supplemental Memorandum re 35 MOTION to Compel re: Supplemental Mem. (Dkt. No. 41) filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) Modified event title and link on 1/31/2018 (znmw). (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

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43

MEMORANDUM OPINION AND ORDER. The Court DENIES WITHOUT PREJUDICE Plaintiff's 35 Motion to Compel Compliance with the Court's August 30, 2017 Order and for Additional Appropriate Relief, and DENIES WITHOUT PREJUDICE Plaintiff's 41 Supplemental Request for Relief in Conjunction with Plaintiff's Motion to Compel Compliance with the Court's August 30, 2017 Order. Defendants shall file a Motion to Dismiss by JULY 30, 2018. Plaintiff shall respond to the Motion to Dismiss by AUGUST 13, 2018. Defendants' reply, if any, shall be due by AUGUST 20, 2018.See Memorandum Opinion and Order for further details. Signed by Judge Colleen Kollar-Kotelly on June 28, 2018.(lcckk1) Modified on 6/29/2018 to change document type to opinion(kt). (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

RECAP

Set/Reset Deadlines: Defendants shall file a Motion to Dismiss by 7/30/2018; Plaintiff shall respond to the Motion to Dismiss by 8/19/2018; Defendants' reply, if any, shall be due by 8/20/2018. (kt)

June 29, 2018

June 29, 2018

PACER
44

Unopposed MOTION for Extension of Time to file Motion to Dismiss by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER

MINUTE ORDER: The Court has received Defendants' 44 Unopposed Motion for an Extension of Time to File Their Motion to Dismiss. Defendants seek additional time so that "the parties can continue to discuss how the release of documents in a related case pending before this Court, Dunlap v. Presidential Advisory Commission on Election Integrity ('Dunlap'), No. 17-cv-2361 (CKK), may narrow or eliminate the issues outstanding in the present litigation." With Plaintiff's consent, the Court GRANTS Defendants' 44 Unopposed Motion, for good cause shown. Defendants shall file their Motion to Dismiss by AUGUST 29, 2018. Plaintiff shall respond to the Motion to Dismiss by SEPTEMBER 12, 2018. Defendants' reply, if any, shall be due by SEPTEMBER 19, 2018. Signed by Judge Colleen Kollar-Kotelly on July 24, 2018. (lcckk1 )

July 24, 2018

July 24, 2018

PACER

Set/Reset Deadlines: Defendants' Motion to Dismiss due by 8/29/2018. Response due by 9/12/2018. Reply due by 9/19/2018. (dot)

July 24, 2018

July 24, 2018

PACER
45

MOTION to Dismiss by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Memorandum in Support, # 2 Appendix A, # 3 Text of Proposed Order)(Wolfe, Kristina) (Entered: 08/29/2018)

1 Memorandum in Support

View on RECAP

2 Appendix A

View on RECAP

3 Text of Proposed Order

View on PACER

Aug. 29, 2018

Aug. 29, 2018

RECAP
46

NOTICE of Voluntary Dismissal by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 09/07/2018)

1 Text of Proposed Order

View on RECAP

Sept. 7, 2018

Sept. 7, 2018

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47

ORDER. This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on September 7, 2018. (lcckk1) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: July 10, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawyers' Committee for Civil Rights Under Law.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal